Review and Construction of Documents. Each party hereto hereby acknowledges, and represents and warrants to the other parties hereto, that: (a) it has had the opportunity to consult with legal counsel of its own choice and has been afforded an opportunity to review this Agreement with legal counsel; (b) it has carefully reviewed this Agreement and fully understands all terms and provisions of this Agreement; (c) it has freely, voluntarily, knowingly, and intelligently entered into this Agreement of its own free will and volition; (d) none of the Administrative Agent or the Lenders have a fiduciary relationship with any of the Loan Parties and the Loan Parties do not have a fiduciary relationship with the Administrative Agent or Lenders, and the relationship between the Administrative Agent and the Lenders, on the one hand, and the Loan Parties, on the other hand, is solely that of creditor and debtor; and (e) no joint venture exists among the Loan Parties, the Administrative Agent and the Lenders.
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Samples: Limited Waiver and Second Forbearance Agreement, Limited Waiver and Third Forbearance Agreement, Limited Waiver and Fourth Forbearance Agreement (Rex Energy Corp)
Review and Construction of Documents. Each party hereto Loan Party hereby acknowledges, and represents and warrants to the other parties heretoAgents and the Lenders, that:
: (a) it such Loan Party has had the opportunity to consult with legal counsel of its their own choice and has have been afforded an opportunity to review this Amendment and Forbearance Agreement with their legal counsel;
; (b) it such Loan Party has carefully reviewed this Amendment and Forbearance Agreement and fully understands understand all terms and provisions of this Amendment and Forbearance Agreement;
; (c) it such Loan Party has freely, voluntarily, knowingly, knowingly and intelligently entered into this Amendment and Forbearance Agreement of its their own free will and volition;
; (d) none of the Administrative Agent Agents or the Lenders have has a fiduciary relationship with any of the Borrower or any Loan Parties and the Loan Parties do not have a fiduciary relationship with the Administrative Agent or LendersParty, and the relationship between the Administrative Agent Agents and the Lenders, on the one hand, and the Loan Parties, on the other hand, is solely that of creditor and debtor; and
and (e) no joint venture exists among the Loan Parties, the Administrative Agent Agents and the Lenders.
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